Tennessee § 5-1-111 - County legislative bodies — Reapportionment.

§ 5-1-111. County legislative bodies — Reapportionment.

Prior to January 1, 1982, and at least every ten (10) years thereafter, county legislative bodies of the different counties shall meet and, a majority of the members being present and concurring, shall change the boundaries of districts or redistrict a county entirely if necessary to apportion the county legislative body so that the members represent substantially equal populations. The county legislative body may increase or decrease the number of districts when the reapportionments are made. A county legislative body may reapportion at any time if the county legislative body deems such action necessary to maintain substantially equal representation based on population. The county legislative body must use the latest federal census data whenever a reapportionment is made. Districts shall be reasonably compact and contiguous and shall not overlap. Except as provided in subdivision (f)(2), in the establishment of boundaries for districts, no precinct shall be split. Upon written certification by the coordinator of elections, a county election commission may establish a precinct that encompasses two (2) or more districts in any county that has twenty (20) or more county legislative body districts. In making this determination the coordinator of elections shall consider, among other things, the type of voting equipment used in the county, as well as the racial makeup of the districts and the cost savings to the county. Upon application of any citizen of the county affected, the chancery court of such county shall have original jurisdiction to review the county legislative body's apportionment, and shall have jurisdiction to make such orders and decrees amending the apportionment to comply with this section, or if the county legislative body fails to make apportionment, shall make a decree ordering an apportionment. When a reapportionment is made, residents of a correctional institution who cannot by law register in the county as voters may be excluded from any consideration of representation. Acts 1968, ch. 599, §§ 1, 2, 3, 5, 6, 12; 1972, ch. 615, § 1; 1978, ch. 934, § 4; T.C.A., § 5-111; Acts 2002, ch. 653, § 1; 2016, ch. 954, § 1. Amendments. The 2016 amendment added (h). Effective Dates. Acts 2016, ch. 954, § 2. April 27, 2016. Cross-References. Consolidation of counties, redistricting, § 5-3-108 . Textbooks. Tennessee Jurisprudence, 2 Tenn. Juris., Appeal and Error, § 251; 8 Tenn. Juris., Counties, § 7. Attorney General Opinions. A county commission could reduce the number of its members as part of a reapportionment plan, and no private act necessary, OAG 01-151, 2001 Tenn. AG LEXIS 159 (9/25/01). Vacancy on county commission. OAG 12-79, 2012 Tenn. AG LEXIS 75 (7/31/12).